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(영문) 의정부지방법원 2018.06.26 2018노1119
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, confiscation) is too unreasonable.

2. The Defendant recognized the instant crime.

The defendant has no criminal record during his stay in Korea.

This is the circumstances favorable to the defendant.

However, the defendant invadedd on a female victim's house by entering the house, and attached the house in the elevator of the above Bara, and assaulted the police officials dispatched after receiving 112 report, and the nature of the crime is not good.

In addition, the defendant committed a violation of discipline on several occasions without being aware of in a prison in a prison as the case.

If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, all of the sentencing conditions shown in the instant records and pleadings, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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